Attempting To Start A Business. Tdiu Procedure?

[souldeliverer]

Hey, ya'll. I've had it.

First off, I'm going to try and start a business (real estate). I am currently 90% plus TDIU, SSDI, and FERS retirement. Please advise. DO NOT advise me not to do this! I am looking for the procedure to follow. I read about SSD ticket to work program. Does the VA have anything similar?

Second, if you pray to Jesus, please pray for me. I have been down and out since 2006, but want to give it a go before throwing in the towel for life. Pray I succeed, and can have meaning to life. It may start out as not substantial employment, but will hopefully one day transition into making a living to support my family.

Finally, you may ask why? For a couple reasons. For those of you who will never have the opportunity to work again. For my children (6,2), so they can learn that Daddy has to work for a living. Finally, for me. I must give it one last shot.

Again, please don't respond with all the usual, "You worked so hard to get IU, why throw it away." I just want to know if there is a procedure for this, or a ticket to work program. Any sort of grace period?

Thank you for your time and prayers.

[Tbird]

I recommend you call the VA and ask them what the procedure is or you can read through the law. It seems unlikely to me that you will be able to continue on Unemployability if you are employed. But since it's what you want to do just give them a call and ask, I would recommend you read through the law before speaking to them. Forewarned is forearmed.

38CFR3.343 Continuance of total disability ratings.

(a) General. Total disability ratings, when warranted by the severity of the condition and not granted purely because of hospital, surgical, or home treatment, or individual unemployability will not be reduced, in the absence of clear error, without examination showing material improvement in physical or mental condition. Examination reports showing material improvement must be evaluated in conjunction with all the facts of record, and consideration must be given particularly to whether the veteran attained improvement under the ordinary conditions of life, i.e., while working or actively seeking work or whether the symptoms have been brought under control by prolonged rest, or generally, by following a regimen which precludes work, and, if the latter, reduction from total disability ratings will not be considered pending reexamination after a period of employment (3 to 6 months).

(b) Tuberculosis; compensation. In service-connected cases, evaluations for active or inactive tuberculosis will be governed by the Schedule for Rating Disabilities (part 4 of this chapter). Where in the opinion of the rating board the veteran at the expiration of the period during which a total rating is provided will not be able to maintain inactivity of the disease process under the ordinary conditions of life, the case will be submitted under §3.321.

© Individual unemployability. (1) In reducing a rating of 100 percent service-connected disability based on individualunemployability, the provisions of §3.105(e) are for application but caution must be exercised in such a determination that actual employability is established by clear and convincing evidence. When in such a case the veteran is undergoing vocational rehabilitation, education or training, the rating will not be reduced by reason thereof unless there is received evidence of marked improvement or recovery in physical or mental conditions or of employment progress, income earned, and prospects of economic rehabilitation, which demonstrates affirmatively the veteran's capacity to pursue the vocation or occupation for which the training is intended to qualify him or her, or unless the physical or mental demands of the course are obviously incompatible with total disability. Neither participation in, nor the receipt of remuneration as a result of participation in, a therapeutic or rehabilitation activity under 38 U.S.C. 1718 shall be considered evidence of employability.

(Authority: 38 U.S.C. 1718(f))

(2) If a veteran with a total disability rating for compensation purposes based on individual unemployability begins to engage in a substantially gainful occuption during the period beginning after January 1, 1985, the veteran's rating may not be reduced solely on the basis of having secured and followed such substantially gainful occupation unless the veteran maintains the occupation for a period of 12 consecutive months. For purposes of this subparagraph, temporary interruptions in employment which are of short duration shall not be considered breaks in otherwise continuous employment.

(Authority: 38 U.S.C. 1163(a))

Cross Reference: Protection, total disability. See §3.951(b).

[33 FR 16273, Nov. 6, 1968, as amended at 39 FR 14944, Apr. 29, 1974; 50 FR 52775, Dec. 26, 1985; 53 FR 23236, June 21, 1988; 55 FR 17271, Apr. 24, 1990; 57 FR 10426, Mar. 26, 1992; 58 FR 32445, June 10, 1993; 58 FR 46865, Sept. 3, 1993]

[Snake Eyes]

I know pride goes before a fall.... Maybe the OP's desire to start a business is a sign he's not ready to give up on work (only he can speak to that).

When I got my initial rating earlier this month (90%), I was actually depressed for several days. The reality hit me that the VA just confirmed that I am slowing down due to my SC issues. The hardest decision is whether to seek TDIU and SSDI knowing I have to cut back on what little work I'm still able to do -- from which I get both enjoyment and a sense of contributing something to society.

So is it "pride" in the negative sense? I suspect many veterans going through this phase of their disability journey have similar experiences. Like the grieving process.... the shock and denial are past, but it's hard to take the "obvious next step" when you have been conditioned to believe throughout a long military career that it amounts to giving up or retreat.

Maybe that's why we see so many posts from people asking, "can I still get TDIU and work?" It isn't about the money -- for me, since the TDIU would be the same or more than what I'd get by sticking with my current self-employment strategy.

[PainterBK]

God Bless You. Everyone needs to feel useful. Sounds like you've got alot going for you.

I wish you the best of luck my friend & hope your endeavors are a success.

Bob K

[TiredCoastie]

I know pride goes before a fall.... Maybe the OP's desire to start a business is a sign he's not ready to give up on work (only he can speak to that).

When I got my initial rating earlier this month (90%), I was actually depressed for several days. The reality hit me that the VA just confirmed that I am slowing down due to my SC issues. The hardest decision is whether to seek TDIU and SSDI knowing I have to cut back on what little work I'm still able to do -- from which I get both enjoyment and a sense of contributing something to society.

So is it "pride" in the negative sense? I suspect many veterans going through this phase of their disability journey have similar experiences. Like the grieving process.... the shock and denial are past, but it's hard to take the "obvious next step" when you have been conditioned to believe throughout a long military career that it amounts to giving up or retreat.

Maybe that's why we see so many posts from people asking, "can I still get TDIU and work?" It isn't about the money -- for me, since the TDIU would be the same or more than what I'd get by sticking with my current self-employment strategy.

I think you're right. The rating is a two edged sword and it's been a little bit of a wake up call to know that I'm at 80% now.

We were designed to work. The problem comes when that ability has been taken away completely or in part. In our cases, our ability been impacted by hard use in the defense and security of a somewhat grateful nation. For some, there is a point at which we cannot do anything. For others, we cannot do some things.

It's a hard choice, IMHO, to seek after TDIU because I think it's hard to know where that boundary is. And it's going to be different for each of us depending on who were are and what our disabilities are.

May the Lord bless everyone trying to make these kinds of decisions!